Altercations between family members, romantic partners or even roommates can sometimes lead to criminal charges. Domestic violence charges sometimes begin with a neighbor or a stranger calling the police out of concern. Maybe they overheard something that sounds like a violent crime. Despite lacking context, they decide to reach out to law enforcement. Police officers may talk to both of the parties involved and may determine that the situation meets the necessary standard for domestic violence charges.
Other times, one party may make accusations against the other after a fight or breakup. They may later regret that decision when they realize the consequences that are possible. Sometimes, those accused of domestic violence hope to avoid criminal convictions by getting the victim to recant their statement. Is getting the alleged victim to change their story a workable defense strategy?
The state rarely relies solely on victim statements
Domestic violence cases are notoriously difficult to prosecute. One of the reasons the state has trouble prosecuting domestic violence cases is that the alleged victim frequently changes their claims after a brief cooling-off period. They may even testify for the defense team.
Prosecutors are aware of this phenomenon and generally only bring charges in scenarios where they believe they can secure a conviction without testimony from the injured party. The state may also try to deter the victim from changing their prior statement.
An attempt to help someone facing domestic violence can backfire on the party recanting. It was possible for prosecutors to bring charges against those who recant or change their statements. Therefore, defendants shouldn’t develop a defense strategy based on the cooperation of the other party involved in the incident.
Thankfully, there are many different ways for people to create a reasonable doubt about whether they engaged in acts of domestic violence. People can establish that they acted in self-defense or that the situation was actually a case of reactive abuse.
It is also possible to raise questions about how police officers and others interpreted a domestic situation. Attorneys can even sometimes keep certain evidence out of court if police officers broke the law or violated the civil rights of the defendant.
Discussing household circumstances and learning about the law can help those facing domestic violence charges choose how to proceed. Many people may successfully fight domestic violence charges with the right strategy.
